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THE RAILWAYS (SAFETY MANAGEMENT) REGULATIONS (NORTHERN IRELAND) 2006

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Direction to apply for an amended safety certificate or safety authorisation

12.—(1) Where there is a substantial change to any of the relevant statutory provisions which make provision in relation to the safety of railways then the Department may direct the holder of a safety certificate or a safety authorisation to apply to the Department for an amendment to its safety certificate or safety authorisation.

(2) A direction issued under paragraph (1) shall—

(a)state the reasons why the Department considers that it is necessary for any railway operator to apply for an amended safety certificate or safety authorisation;

(b)identify the information—

(i)on the basis of which the Department’s acceptance referred to in regulation 5(4) or 8(3) was made upon issue or amendment of the safety certificate or safety authorisation; or

(ii)notified to the Department under regulation 11,

which it considers will have to be changed; and

(c)specify the period, being not less than 28 days from the date of issue of the direction, within which the application shall be sent to the Department.

(3) An application for an amended safety certificate or safety authorisation pursuant to this regulation shall provide details of any changes to any information—

(a)sent to the Department in respect of the operation in question which remains relevant to that operation; and

(b)which is consequential upon the relevant change to the relevant statutory provisions.

(4) Regulation 6(2)(c) and (4) shall apply to an application for and the issuing of a notice of amendment to safety certificate under this regulation as they apply to an application for and issuing of an amendment to a safety certificate under regulation 6.

(5) Regulation 9(3) shall apply to an application for and the issuing of a notice of amendment to a safety authorisation under this regulation as it applies to an application for and issuing of an amendment to a safety authorisation under regulation 9.

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